Professional Documents
Culture Documents
PREAMBLE
The Member States of the African Union (AU);
Reiterating their political commitment to strengthen professionalism and ethics
in public service in Africa;
Determined to promote the values and principles of democracy, good
governance, human rights and the right to development;
Cognisant of the mandate of the Public Service and Administration to protect the
fundamental values of public service and promote an administrative culture
based on respect for the rights of the user;
Committed to promoting the values and principles governing the organisation of
Public Service and Administration;
Conscious of the need to maintain legitimacy of the public service and adapt
African public services to evolving needs on the continent;
Reaffirming their collective desire to strive tirelessly for the modernisation,
improvement and entrenchment of new values of governance in public service;
Guided by their common desire to strengthen and consolidate public service with
a view to promoting integration and sustainable development on the continent;
Committed to promoting a Public Service and Administration that uses the
optimum conditions of equity and efficiency;
Desirous of ensuring effective application of the Charter, taking into account
conditions unique to member states;
Recalling Executive Council decision number Ex.CL/Dec.243 (VIII).
Have agreed as follows:
CHAPTER I
DEFINITIONS, OBJECTIVES AND PRINCIPLES
Article I
Definitions
In this Charter and unless otherwise stated, the following expressions shall have
the following meaning:
Administration: Any institution or organisation at the continental, regional,
national and sub-national levels that applies the public policies or undertakes
public service duties;
Assembly: The Assembly of Heads of State and Government of the African
Union;
AU: The African Union;
Charter: The African Charter on Values and Principles of Public Service and
administration;
Commission: The Commission of the African Union;
Conference of States Parties: The Conference of Member States that have
ratified this Charter;
Constitutive Act: The Constitutive Act of the African Union;
Executive Council: The Council of Ministers of the African Union;
Member States: The Member States of the African Union;
Public Service: Any service or public-interest activity that is under the authority
of the administration;
Public Service Agent: Any worker or employee of the state or of its institutions,
including those who were selected, appointed or elected to carry out activities in
the name or on behalf of the State, at all levels of its structures;
Public Service Ethics: Accountability standards by which the work, behaviour
and actions of Public Service Agents are scrutinized;
Regional Economic Communities: The African Unions regional integration
blocs;
State Party: Any Member State of the African Union that has ratified or acceded
to this charter and deposited the instruments of ratification or accession with the
Chairperson of the Commission of the African Union;
User: Any juristic or natural person who calls on the public service for a service.
Article 2
Objectives
The objectives of this Charter are to:
1.
2.
Ensure quality and innovative service delivery that meets the requirements
of all users.
3.
4.
5.
6.
Improve the working conditions of Public Service Agents and ensure the
protection of their rights.
7.
8.
9.
10.
The Member States agree to implement the Charter in accordance with the
following principles:
1. Equality of all users of Public Service and Administration.
2. The prohibition of all forms of discrimination on any basis, including place
of origin, race, gender, disability, religion, ethnicity, political opinion,
membership in a trade union or any other lawful organization.
3. Impartiality, fairness and due process in the delivery of public services.
4. Continuity of public services under all circumstances.
5. Adaptability of public services to the needs of users.
6. Professionalism and Ethics in Public Service and Administration.
7. Promotion and protection of rights of users and Public Service Agents.
8. Institutionalizing a culture of accountability and integrity and transparency
in Public Service and Administration.
9. Effective, efficient and responsible use of resources.
CHAPTER II
DUTIES OF THE PUBLIC SERVICE AND ADMINISTRATION
Article 4
Respect for Human Rights and Legality
1.
The Public Service and Administration and its agents shall respect the
human rights, dignity and integrity of all users.
2.
3.
1.
State Parties shall entrench into their national laws and regulations the
principles of equal access and non-discrimination.
2.
3.
4.
1.
2.
Public Service and Administration shall inform users of all decisions made
concerning them, the reasons behind those decisions, as well as the
mechanisms available for appeal.
3.
4.
1.
2.
3.
Public Service and Administration shall set and respect time-frames for
public service delivery.
4.
Public Service and Administration shall ensure that its services are
adapted to the evolving needs of users.
5.
Public Service and Administration shall take the necessary steps to create
and maintain trust among public service agents and users.
Article 8
Modernization of the Public Service and Administration
1.
2.
3.
Public Service and Administration shall simplify its procedures and ease
formalities related to access and delivery of services.
CHAPTER III
CODE OF CONDUCT FOR PUBLIC SERVICE AGENTS
Article 9
Professionalism
1.
2.
3.
4.
Public Service Agents shall act responsibly and in accordance with the
national laws and regulations.
Article 10
Ethical Behaviour
1.
Public Service Agents shall demonstrate integrity and respect all rules,
values and established codes of conduct in the performance of their
duties.
2.
3.
Public Service Agents shall on no account use their positions for political
or personal gains. In all circumstances, they shall act with impartiality and
loyalty.
Article 11
Incompatibilities and conflict of Interest
1.
2.
3.
4.
5.
Public Service Agents shall refrain from unduly profiting from offices they
previously occupied.
Article 12
Preventing and Combating Corruption
1.
States Parties shall enact laws and adopt strategies to fight corruption
through the establishment of independent anti-corruption institutions.
2.
3.
4.
Public Service Agents shall declare their assets and income at the beginning,
during and at the end of their service as prescribed in national laws and
regulations.
CHAPTER IV
RIGHTS OF PUBLIC SERVICE AGENTS
Article 14
Equality of Public Service Agents
1.
The Public Service and Administration shall promote equality among its
agents.
2.
1.
2.
3.
4.
5.
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6.
7.
1.
2.
Public Service and Administration shall protect its agents against all forms
of threats, insults, harassment or aggression.
3.
Public Service and Administration shall protect its agents against all forms
of sexual harassment in the performance of their duties.
Article 17
Remuneration
Public Service Agents shall have the right, within a coherent and harmonized pay
system, to a just and equitable remuneration which corresponds to their
qualifications, responsibilities, performance and tenure.
Article 18
Social Rights
Public Service Agents shall have the right to leave, social security and retirement
benefits.
CHAPTER V
MANAGEMENT AND DEVELOPMENT OF HUMAN RESOURCES
Article 19
Recruitment
1.
2.
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3.
Without prejudice to any provision of this Charter, State Parties shall adopt
legislative, executive and administrative measures that guarantee the right
to employment of women, ethnic minorities, and people with disabilities,
marginalised and vulnerable social groups.
4.
State Parties shall adopt procedures for selection and recruitment into the
Public Service and Administration that shall be based on principles of
competition, merit, equity and transparency.
Article 20
Performance Management of Public Service Agents
1.
State Parties shall institute a performance culture within the Public Service
and Administration.
2.
3.
1.
State Parties shall undertake a systematic, comprehensive and evidencebased capacity development programmes to strengthen the effectiveness
and efficiency of Public Service and Administration.
2.
3.
State Parties shall provide working tools and create conducive working
environment for the application of new knowledge within the limits of
available resources.
4.
State Parties shall put in place mechanisms and processes for the
exchange of expertise, knowledge, information, technology and best
practices in capacity enhancement of Public Service and Administration.
Article 22
Mobility
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1.
2.
Mobility shall take into account the service requirements and needs of
Public Service Agents.
CHAPTER VI
MECHANISMS FOR APPLICATION
Article 23
Mechanisms for Application
To give effect to the commitments contained in this Charter, the following actions
shall be undertaken:
1. Individual State Party Level
State Parties commit themselves to implement the objectives, apply the
principles and respect the commitments enshrined in this Charter as follows:
a)
b)
c)
d)
e)
2. Commission Level
i. At Continental Level
With a view to ensuring and facilitating the implementation of this Charter, the
Commission shall:
a)
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b)
c)
d)
e)
f)
g)
h)
make
b)
Integrate and take into account the objectives, principles and values
of this Charter in the drafting and adoption of their legal instruments.
Article 24
Reporting and Follow-Up Mechanisms
1.
State Parties shall submit every two years, from the date the Charter
comes into force, a report to the Commission on the legislative or other
relevant measures taken with a view to giving effect to the principles and
commitments of the Charter.
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2.
3.
The Commission shall prepare and submit to the Assembly, through the
Executive Council and the Conference of States Parties a synthesized
report on the implementation of the Charter.
4.
1.
2.
3.
The African Court of Justice and Human Rights shall be seized with matters of
interpretation arising from the application or implementation of this Charter.
Pending the establishment of the Court, such matters shall be submitted to the
Assembly.
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Article 28
Settlement of Disputes
1.
Any dispute or differences arising between the States Parties with regard
to the interpretation or application of this Charter shall be settled amicably
through direct consultations between the States Parties concerned. In the
event of failure to settle the dispute or differences, either State may refer
the dispute to the African Court of Justice and Human Rights.
2.
Until such time as and when the latter shall have been established, the
dispute or differences shall be submitted to the Conference of the States
Parties, which will decide by consensus or, failing which, by a two-third
(2/3) majority of the States Parties present and voting.
Article 29
Signature, Ratification and Accession
1.
2.
This Charter shall be open for signature, ratification and accession by all
Member States, in accordance with their respective constitutional
procedures.
The instruments of ratification or accession shall be deposited with the
Chairperson of the Commission.
Article 30
Entry into Force
1.
This Charter shall enter into force thirty (30) days after the deposit of the
instruments of ratification by fifteen (15) Member States.
2.
For each Member State that accedes to this Charter after its entry into
force, the Charter shall become effective on the date the State deposits its
instrument of accession with the Chairperson of the Commission.
3.
1.
Any State Party may submit proposals for amendment or revision of this
Charter;
2.
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State Parties within thirty (30) days following the date of receipt of such
proposals.
3.
4.
This Charter, drawn up in four (4) original texts in the Arabic, English, French and
Portuguese languages, all four (4) texts being equally authentic, shall be
deposited with the Chairperson of the Commission who shall transmit certified
copies thereof to each signatory State and notify them of the dates of the deposit
of the instruments of ratification or accession.
Article 33
Registration of the Charter
This Charter shall, after due ratification, be registered with the Secretariat of the
United Nations through the Commission of the African Union in conformity with
Article 102 of the Charter of the United Nations.
Article 34
Reservations
State Parties shall not make or enter reservations to this Charter that is
incompatible with the object and purpose of this Charter.